Tag Archives: laws

Manners are of more importance than laws. Upon them in a great measure, the Laws depend. The Law touches us but here and there, and now and then. Manners are what vex or soothe, corrupt or purify, exalt or debase, barbarize or refine us, by a constant, steady, uniform, insensible operation, like that of the air we breathe in. They give their whole form and color to our lives. According to their quality, they aid morals, they supply them, or they totally destroy them.

I long to hear that you have declared an independency. And by the way, in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could.

Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means — to declare that the Government may commit crimes in order to secure the conviction of a private criminal — would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.

We are all interested in protecting certain varieties of birds. That cats destroy some birds, I well know, but I believe this legislation would further but little the worthy cause to which its proponents give such unselfish effort. The problem of cat versus bird is as old as time. If we attempt to resolve it by legislation who knows but what we may be called upon to take sides as well in the age old problems of dog versus cat, bird versus bird, or even bird versus worm. In my opinion, the State of Illinois and its local governing bodies already have enough to do without trying to control feline delinquency.

Nature is always consistent, though she feigns to contravene her own laws. She keeps her laws, and seems to transcend them. She arms and equips an animal to find its place and living in the earth, and at the same time she arms and equips another animal to destroy it.

When we consider the founders of our nation: Jefferson, Washington, Samuel and John Adams, Madison and Monroe, Benjamin Franklin, Tom Paine and many others; we have before us a list of at least ten and maybe even dozens of great political leaders. They were well educated. Products of the European Enlightenment, they were students of history. They knew human fallibility and weakness and corruptibility. They were fluent in the English language. They wrote their own speeches. They were realistic and practical, and at the same time motivated by high principles. They were not checking the pollsters on what to think this week. They knew what to think. They were comfortable with long-term thinking, planning even further ahead than the next election. They were self-sufficient, not requiring careers as politicians or lobbyists to make a living. They were able to bring out the best in us. They were interested in and, at least two of them, fluent in science. They attempted to set a course for the United States into the far future ? not so much by establishing laws as by setting limits on what kinds of laws could be passed. The Constitution and its Bill of Rights have done remarkably well, constituting, despite human weaknesses, a machine able, more often than not, to correct its own trajectory. At that time, there were only about two and a half million citizens of the United States. Today there are about a hundred times more. So if there were ten people of the caliber of Thomas Jefferson then, there ought to be 10 x 100 = 1,000 Thomas Jefferson’s today. Where are they?

There is nothing more dangerous than the common axiom ‘the spirit of the laws is to be considered’. To adopt it is to give way to the torrent of opinions. This may seem a paradox to vulgar minds, which are more strongly affected by the smallest disorder before their eyes, than by the most pernicious though remote consequences produced by one false principle adopted by a nation.

There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible to live without breaking laws.

Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society . . .Now the right to life has come to mean the right to enjoy life, — the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term property” has grown to comprise every form of possession — intangible, as well as tangible.

Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob, however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.